What is the test for determining whether an injunction is mandatory or prohibitory?

California, United States of America


The following excerpt is from Van Horn v. Morgan, B233928 (Cal. App. 2012):

"To determine whether an injunction is mandatory or prohibitory, we 'examine the terms and effect of the injunction in order to discover its character. [Citation.]' [Citation.] 'The purpose of mandatory relief is to compel the performance of a substantive act or a change in the relative positions of the parties. [Citations.] By contrast, the prohibitive order seeks to restrain a party from a course of conduct or to halt a particular condition. [Citation.] The character of prohibitory injunctive relief, however, is not changed to mandatory in nature merely because it incidentally requires performance of an affirmative act. [Citation.]' [Citation.]" (People ex rel. Brown v. iMergent, Inc. (2009) 170 Cal.App.4th 333, 342.)

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